BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 652| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 652 Author: Ammiano (D) Amended: 8/28/13 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-2, 6/4/13 AYES: Hancock, Block, De León, Liu, Steinberg NOES: Anderson, Knight ASSEMBLY FLOOR : 51-23, 5/20/13 - See last page for vote SUBJECT : Child Abuse and Neglect Reporting Act: homeless children SOURCE : Author DIGEST : This bill provides that the fact that a child is homeless or an "unaccompanied minor," as specified, is not, in and of itself, a sufficient basis for triggering the mandatory child abuse or neglect reporting laws. Senate Floor Amendments of 8/28/13 clarify that nothing in this bill prohibits a mandated reporter from reporting when he/she knows or reasonably suspects the unaccompanied minor is a victim of abuse or neglect. ANALYSIS : Existing law: CONTINUED AB 652 Page 2 1.Establishes the Child Abuse and Neglect Reporting Act (CANRA), which generally is intended to protect children from abuse and neglect. 2.Requires "mandated reporters" to make reports of suspected child abuse or neglect, as specified. 3.States that the term "child abuse or neglect" for purposes of CANRA "includes physical injury inflicted by other than accidental means upon a child by another person, sexual abuse as defined?, neglect as defined?, the willful harming or injuring of a child or the endangering of the person or health of a child, as defined?, and unlawful corporal punishment or injury as defined?. 'Child abuse or neglect' does not include a mutual affray between minors. 'Child abuse or neglect' does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his/her employment as a peace officer." 4.Provides that, except as specified, "a mandated reporter shall make a report ? whenever the mandated reporter, in his/her professional capacity or within the scope of his/her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect." 5.Enumerates 43 categories of persons who are mandated child abuse and neglect reporters. Except as specified, current law provides that "volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters?" This bill: 1.Provides that for the purposes of CANRA, "the fact that a child is homeless or is classified as an unaccompanied minor, as defined, is not, in and of itself, a sufficient basis for reporting child abuse or neglect." 2.States that nothing will limit a mandated reporter, as defined, from making a report, as specified, whenever the mandated reporter has knowledge of or observes an unaccompanied minor whom the mandated reporter knows or reasonable suspects to be the victim of abuse or neglect. CONTINUED AB 652 Page 3 FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/28/13) California Coalition for Youth California Federation of Teachers California Teachers Association National Association for the Education of Homeless Children and Youth National Association of Social Workers, California Chapter ARGUMENTS IN SUPPORT : According to the author's office: Studies have shown that only 1 in 12 unaccompanied youth seek services, like shelter, health care, food, education, employment, etc., largely due to the fear of being referred to law enforcement or child welfare. In California, educators make more referrals of suspected abuse and neglect than any other group of mandated reporters in the state. On average, less than 16% of those reports are substantiated, meaning evidence of abuse or neglect was found. This data holds true nationally, where 77% of the abuse and neglect referrals made by education personnel are determined to be without evidence to support a finding of abuse or neglect. It is hard to imagine a youth desiring to be taken into police custody or returned by police to a home the youth has fled. Many of the unaccompanied minors on the street are foster youth that have fled the child welfare system and feel the system has failed them. Parents who fear their children have been abducted or want their children to come home can report a youth as missing. Mandated reporters can check the missing children's database (for example, by contacting the National Center for Missing and Exploited Children) to see if a youth has been reported, and if so, report the youth to child welfare or law enforcement. That agency can then investigate the situation and protect the safety of the youth. In fact, with regards to schools enrolling missing children, CONTINUED AB 652 Page 4 California Education Code 49068.6 requires law enforcement to notice schools of missing children and for schools to flag student files in the event the students attempt to reenroll at another school. AB 652 is especially important to the many LGBT [Lesbian, Gay, Bisexual, and Transgender] homeless youth in California, who have fled their families because of discrimination and intolerance, and do not wish to return to their homes. Many of these youth are much better served by our established homeless youth programs that assist them in achieving educational goals and self-sufficiency. ASSEMBLY FLOOR : 51-23, 5/20/13 AYES: Achadjian, Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chesbro, Cooley, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gordon, Gray, Hall, Roger Hernández, Levine, Lowenthal, Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada, John A. Pérez NOES: Allen, Bigelow, Chávez, Conway, Dahle, Beth Gaines, Gorell, Grove, Hagman, Harkey, Jones, Linder, Maienschein, Mansoor, Melendez, Morrell, Nestande, Olsen, Patterson, Salas, Wagner, Waldron, Wilk NO VOTE RECORDED: Holden, Jones-Sawyer, Logue, Pan, Vacancy, Vacancy JG:nl 8/28/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED